C153664 Engineering report

• Contract/PO #: C153664
• Contractor Name: Fort Lupton, City of & Fort Lupton Water Utility Enterprise
• Contract Type: Loan
• Water District: 1
• County: Weld
• Bill Number: HB 93-1273
• Loan Projects - Doc Type: Feasibility Study

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b.

In return for the perpetual. exclusIve allocatJon and U~ of P~pellne capaCIty as
descnbed in this Contract. subject to che terms and condltJons of UllS Cor.cracl
and as pro\ided In C.RS. 3S 37 -45-10 I et sea.. as amended. Allottee shall pay
to the SWSP Enterpnse Allottee's Construcuon Costs In the total amount of
$1.327,900. less a credIt ofS52.-<40 from payments for preconstrucuon costs.
on the futh 15th) business day after receIpt of "'TItten nOUce that the CnIted
States Department of Energy has re:mbursed Broomfield for all amounts
advanced by BroomJleld to SWSP Enterpnse whIch amount shall ::ot be less
than SI8.380.000,

i. Cpon payment of ..>JJottee's ConstrUction Costs. Allottee shall also 1) ;oay
the SWSP Enterprise five percent \5%) of the ..>JJottee's Construcuon
Costs to be used by the SWSP Emerpnse to pay for addluonal
preconstrUcuon costs not Included In the pa)ments set forth In
paragraph 6.a. above. If any. and to pay for change orders under the
construction contracts made necessary by changed or unforeseeable
conditions. delays or other claJrns by the contractors (pro\1ded that the
SWSP Enterpr1se shall reasonably pursue claJrns against third partJes
who may be Uable for part or all of said delays or claims) and 2) shall
depOSIt in an interest bearing escrow account mutually acceptable to the
SWSP Enterprise and the Allottee an additional five percent (5%) of the
AIIottee's Construction Costs (or Allottee shall deposit such amount in
twelve (12) equal monthly instalIments. at its option. commencing on the
date of payment of the A1lottee's Construction Costsl to be released upon
mutual agreement of the SWSP Enterprise and Allottee for payment of
change orders or other charges for Pipeline construction. The escrow
account shall be termlnated and any unused funds returned to the
Allottee. and the SWSP Enterprise shall refund to the Allottee any
portion of the five percent (5%) paid to the SWSP Enterprise pursuant [0
item II above that is not used. when construction of the Pipeline has
been finally completed. all contractors have been finally paid and all
claims have b~n settled.

11. At such tlme that 11 appears that the five percent (5%) fund provided in
paragraph 6.b.!.. item ll. w1I! be depleted. the SWSP Enterprtse shall give
at least fifteen (15J days advance WT1tten notice to all PartiCipants
accomparued by reasonable Information regarding past change orders
and the possible need for additional change orders. and may request
additional contnbutions from the escrow account described in
paragraph 6.b.!.. item 2). or from other sources if the escrow account
has been depleted. In the event that no PartiCipant agrees tD provide the
additional funds. the SWSP Enterprise shall either complete construction
of the Project. if pOSSible. With the rema1n1ng funds available to it or
proceed in accordance With paragraph 17 below. In the event that one
or more PartiCipants agrees to provide the additional funds. the SWSP
Enterprise shall request In WT1ting that all Participants provide their pro
rata share of the additional funds and proceed pursuant to paragraph
6.b.W. below.

l1i. Within thirty (30) days after the SWSP Enterprtse's WT1tten request
pursuant to paragraph 6.b.U. above. Allottee shall pay the SWSP
Enterpr1se such additional funds as are necessary to complete
construction of the Pipeline. The reql11rement to pay such additional
sums shall be subject to annual approprtations or budgets of such sums
by the Allottee. If Allottee is unable or unwilling to make such requested
payments. Allottee shall automatically lose a portion of its allotted

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